Agriculture Portfolio Committee Briefing

2 March 2010

The Proclamation • The Proclamation was signed by both Ministers

(DAFF & acting DEA Minister) and the Deputy President on 29 January 2010.

• The Proclamation was Gazetted on 10 February 2010

• The transfer of the functions will however only take effect on 1 April 2010.

• Transfer of functions takes place in terms of section 97 of the Constitution.

Functions: Environment and Fisheries DEPARTMENT OF ENVIRONMENTAL AFFAIRS

DEPARTMENT OF AGRICULTURE, FORESTRY & FISHERIES

Integrated Coastal Management Act,

including Coastal Planning and control of

vehicles in the coastal zone.

Management of Fisheries (Commercial,

Recreational & Subsistence, including

TAC/TAE Determination)

Marine Pollution.

Marine Protected Areas. Research to be split.

Estuaries.

Management of Non-consumptive marine

resources (Boat-based Whale Watching and

White Shark Cage diving, protection of

turtles, seabirds and seals, sea shells)

Harbours

Functions: Environment and Fisheries DEPARTMENT OF ENVIRONMENTAL AFFAIRS

DEPARTMENT OF AGRICULTURE, FORESTRY & FISHERIES

Support Services:

Legal

IT

Facilitation Support

Communication

Support Services:

Legal.

Facilities Support.

Communications

IT

Customer Services Centre.

Stakeholder Engagement & Outreach.

Enforcement capacity Enforcement capacity to be split

Marine Living Resources Fund

(including setting of fees and levies).

Broader Marine Biodiversity and Oceans

Research.

Fishery Management Areas & Priority

fishing Areas

Emergency Emergency

Consultative Advisory Forum

Legislation related to the Environment and Fisheries

ACT DESCRIPTION

Sea-Shore Act, 1935 (Act No. 21 of 1935). Declares the President to be the owner of the sea-shore and the sea within South Africa’s territorial waters and regulates the granting of rights and alienation thereof, reclamation etc. (To be repealed by the Integrated Coastal Management Act.) This is and environmental Act which focuses primarily on non-living resources and the protection and management of the seashore.

REGULATIONS DESCRIPTION

Regulations concerning the sea-shore of the union of South Africa GN 1720 of 2 September 1955

General regulations for the management of the seashore including the removal of sand, rock etc from the seashore and the charging of fees relating thereto.

Regulations relating to the control in general of the sea-shore and the sea GNR 2513 of 5 December 1980 

Provides for general matters relating to the seashore.

Legislation continuedACT DESCRIPTION

Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973).

Provides for control over certain islands and rocks for the protection and conservation of seabirds and seals. This is an environmental Act as its focus is protection and conservation of these species. The conservation focus renders it environmental.

Dumping at Sea Control Act, 1980 (Act No. 73 of 1980).

Regulates the control of dumping substances at sea. (To be repealed by the Integrated Coastal Management Act.). It is an environmental Act strictly regulating disposal of waste and pollution in the marine environment.

Regulations made in terms of section 8 of the dumping at sea control act GNR 1135 of 17 June 1988

Provides for the process for permitting dumping activities at sea.

ACT DESCRIPTION

Sea Fisheries Act, 1988 (Act No. 12 of 1988).

Largely replaced by the Marine Living Resources Act, but retained the provisions relating to the imposition of levies and the collection of certain non-living marine resources specifically shells. While the levies are fisheries related, section 38 which regulates the collection of shells is environmental as it limits the amount that can be removed from the seashore to reduce impact.

Legislation continuedAntarctic Treaties Act, 1996 (Act No. 60 of 1996).

Provides for the implementation of certain treaties relating to Antarctica. The treaty is primarily concerned with the regulation of activities in , including territorial claims, research and strict environmental protection in general and the protection of certain identified species such as seals. It also contains provisions relating to environmental impact assessment, disposal of waste, prevention of marine pollution and declaration of special protected areas, all of which clearly fall within the environmental mandate.There is only one convention under the Antarctic Treaty system which relates to fisheries – the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). This convention relates to conservation and compliance measures which need to be implemented by contracting parties. As these conservation measures are implemented by fisheries managers, this convention should be shared by both departments.

REGULATIONS DESCRIPTIONGeneral regulations relating to the permitting of catching Antarctic marine living resources GNR 980 of 18 July 1997

Prohibits the catching of any Antarctic marine living resource protected by the conventions without a permit. This is both an environmental and fisheries regulations.

Legislation continuedMarine Living Resources Act, 1998 (Act No. 18 of 1998).

Deals with the long-term sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources in a fair and equitable manner to the benefit of all South African citizens. It is primarily fisheries focused with the exception of MPAs and non-consumptive activities which are regulated by regulations under this Act.

REGULATIONS DESCRIPTION

Regulations in terms of the Marine Living Resources Act GNR 1111 of 2 September 1998

These are general regulations for all fishing sectors, fishing harbours and mariculture. With the exemption of a couple of regulations on MPAs and pollution the entire set of general regulations is fisheries related.

Regulations for the management of the Table Mountain Marine Protected Area, GN 695 of 4 June 2004

Provides for zonation and control of activities in the marine protected areas. Declares the MPA and restricts where fishing, vessels and other activities can take place. These regulations are primarily aimed at conservation and protection of the marine environment.

Regulations for the management of the Aliwal Shoal Marine Protected Area, GN 697 of 4 June 2004

Provides for zonation and control of activities in the marine protected areas. Declares the MPA and restricts where fishing, vessels and other activities can take place. These regulations are primarily aimed at conservation and protection of the marine environment.

Legislation continuedRegulations for the management of the Pondoland Marine Protected Area, GN 694 of 4 June 2004

Provides for zonation and control of activities in the marine protected areas. Declares the MPA and restricts where fishing, vessels and other activities can take place. These regulations are primarily aimed at conservation and protection of the marine environment.

Regulations for the management of the Bird Island Marine Protected Area, GN 696 of 4 June 2004

Provides for zonation and control of activities in the marine protected areas. Declares the MPA and restricts where fishing, vessels and other activities can take place. These regulations are primarily aimed at conservation and protection of the marine environment.

Regulations for the management of the Still Bay Marine Protected Area, GN 1108 of 17 October 2008

Provides for zonation and control of activities in the marine protected areas. Declares the MPA and restricts where fishing, vessels and other activities can take place. These regulations are primarily aimed at conservation and protection of the marine environment.

Regulations to manage boat-based whale-watching and protection of turtles, GNR 725 of 4 July 2008

General protection and conservation measure for whales and dolphins and promotes the growth of the boat-based whale-watching industry and to redress past racial and gender discrimination in this industry; provides for control of the boat-based viewing of whales and dolphins, so that these activities may take place in a manner that does not threaten the safety of individuals or the wellbeing of the whales and dolphins; and provides for control over the viewing of turtles to protect and minimise any adverse impact on turtles.

These regulations are environmental, but also have a limited socio-economic focus. They regulate the industry to minimise impacts on marine mammals many of which are both domestically and internationally protected, but are a source of limited socio-economic benefit as they provide limited economic opportunities for people along the coast.

Legislation continued Regulations for white shark cage diving, GNR 724 of 4 July 2008

General protection and conservation measure for white sharks and promotes the growth of the white shark cage diving industry and redresses past racial and gender discrimination in this industry; provides for control over diving to view white sharks or the boat-based viewing of white sharks, so that these activities may take place in a manner that does not threaten the safety of divers or the wellbeing of the white sharks; and provides for control over the number of white shark cage diving operations in order to manage any adverse impact on white shark behaviour and to protect white sharks. Similar to boat-based whale watching they provide limited economic opportunities.

Regulations to protect wild abalone, GNR 62 of 1 February 2008

Enables the implementation of the emergency suspension of the abalone fishery and establishes measures for the protection of wild abalone to promote the recovery and rebuilding of the wild abalone resource. These are fishery regulations

Declaration and Management of Marine Protected Area GN 473 of 29 May 2001

Declaration of an MPA for the protection and conservation of Southern Right Whales in the bay during their breeding season. These are environmental regulations with the exclusive aim of protection of a specific species.

Declaration of Areas as Marine Protected Areas GNR 1429 of 29 December 2000

Declares multiple MPAs and provides for certain restrictions on fishing, protection of marine mammals and regulates other non-consumptive activities. These are conservation regulations as they protect certain sensitive marine environments and limit activities therein.

Legislation continued ACT DESCRIPTION

National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008).

Establishes a system of integrated coastal and estuarine management in the Republic; ensures that development and the use of coastal resources within the coastal zone is socially and economically justifiable and ecologically sustainable; determines the responsibilities of organs of state in relation to coastal areas; controls dumping at sea and pollution in the coastal zone; and gives effect to South Africa’s international obligations in relation to coastal matters.

It is a specific environmental management Act and falls under the framework of NEMA and is therefore an environmental Act.

Prince Edward Islands Act, 1948 (Act No. 43 of 1948)

To provide for the confirmation of the annexation to the Union of South Africa of the Prince Edward Islands, and for the administration, government and control of the said islands.

Marion Island and Prince Edward Island are two separate islands but are referred to as the Prince Edward Island group. Gough Island is another Island that belongs to the UK but is leased by SA (infrastructure on the island is ours).

REGULATIONS DESCRIPTION

Control of vehicles in Coastal Zone GN 1399 of 21 December 2001

These regulations deal with the control of vehicles in the coastal zone and licensing of boat launching sites. The regulations are made under the National Environmental Management Act, 1998 (Act No. 107 of 1998) and fall clearly under environmental mandate.

Split Process

1. Broad DPSA Guide used for NMOS process

2. Confirmation of Grouping of Functions

3. Analysis of MCM establishment

4. Ring-fence functions (line) & determine proportion for split

• CD Resource Management – Andre Share - Fisheries• CD: Integrated Coastal Management – Razeena Omar –

Environment – (Harbours to Fisheries)• CD Research – Johan Augustyn – Fisheries- (Biodiversity

Research , Antarctica and Islands to Environment) • CD Monitoring, Control and Surveillance – S Leseke – Fisheries –

(Compliance with Environmental laws & regulations – Environment)

Split Process cont.

1. Splitting Support Functions proportionately (Research, Enforcement, Finance, Legal, HR, IT, Communications & facilities)

2. Splitting Admin Support Posts per Directorate proportionately

3. A summary of Management Posts Split

4. Total Figures for the New Two (2) Departments

5. Outline of implementation process

Implementation of Split Process• Splitting of budgets (personnel & operations)

– already done with Treasury

• Work streams established & team leaders appointed already

What still needs to be done? • Finalise staff to be transferred & transfer

them

• Transfer assets

• Finalise accommodation

• Finalise transitional arrangements

What still needs to be done?

• Change management & labour relations

• IT system integration

• MOA’s for shared services

• Delegations

Thank You